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REPUBLIC v. DISTRICT MAGISTRATE GRADE II, BIBIANI; EX PARTE DAAH

August 10, 1981

HIGH COURT

GHANA

CORAM

  • TWUMASI J

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

Twumasi J. was asked to issue a prerogative order of prohibition against the District Magistrate Grade II at Bibiani in a pending land dispute. The applicable statutory framework is the Courts Act, 1971 (Act 372): section 38 caps the district court’s jurisdiction in land matters at ¢1,000, while section 37(3) allows proceedings to continue if the parties expressly agree. Here, the defendant contested value via affidavit, estimating ¢3,000, which triggered the magistrate’s mandatory duty under section 37(2) to call evidence on value; that duty was not performed. The court emphasized that consent to confer jurisdiction must be express and recorded; withdrawing an affidavit or grudgingly providing evidence is equivocal and not consent. With no record evidencing express consent, the district court exceeded its jurisdiction. Prohibition was therefore granted, and the matter was ordered to be tried de novo in the Circuit Court, Takoradi.

JUDGEMENT